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Magistrate Court cases

The following cases were adjudicated in Lincoln County Magistrate Court Division I, Carrizozo:

Marlon Reyna, 40, appeared May 15, waived the right to an attorney and pleaded no contest to driving without a driver's license and no evidence of vehicle registration.

Under a plea and disposition agreement Reyna reached with Deputy District Attorney John Sugg, the state amended the charge of driving while license suspended or revoked and dismissed a charge of no proof of insurance.

Christian Maldonado, 22, appeared May 29 and pleaded no contest to aggravated battery.

Proctor sentenced Maldonado to 364 days in jail, with credit for 105 days time served and eight months, 16 days to serve, with good time credit allowed. Proctor also ordered Maldonado to serve additional time in jail in lieu of $73 in court fees.

Constance Archuleta, 26, appeared May 29 and pleaded no contest to contempt of court.

Proctor sentenced Archuleta to 11 months and 30 days in jail and payment of $73 in court fees.

Joel M. Camacho, 27, appeared May 29 and pleaded no contest to driving while license suspended or revoked for DWI.

Sugg dismissed a charge of no insurance.

Proctor sentenced Camacho to 11 days in jail, with credit for four days time served, 357 days of unsupervised probation, a $300 fine, $81 in court fees and a $100 bench warrant fee.

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The following cases were bound over to District Court:

Jane Campbell, 57, appeared May 17 with Public Defender Todd Holmes and waived a preliminary hearing on charges of disposing of dangerous drugs.

Brianna E. Sanchez, 23, of Ruidoso, appeared May 29 with Public Defender Gary C. Mitchell and waived a preliminary hearing on charges of trafficking in hydrocodone and conspiracy to traffic in marijuana.

Raines filed the charge alleging that Sanchez committed the offenses May 18.

Proctor ordered Sanchez bound over to District Court on the charges.

Basheer Younis, 27, of Alto, appeared with Mitchell May 29 and waived a preliminary hearing on charges of accidents involving damage to a vehicle, immediate notice of accidents, criminal damage to property, aggravated fleeing a law enforcement officer, aggravated assault and possession of a Schedule I narcotic.

New Mexico State Police Officer Cory Crayton filed the charge alleging that Younis was driving a white Ford truck that struck a silver Dodge truck and fled the scene. Capitan Patrol Officer Sean McGarry attempted to stop Younis, who was reportedly driving at 75-80 mph and failing to stop for McGarry. Younis reportedly did not stop until he got to his residence at 118 Old Angus Road in Alto. Crayton detained Younis, read him his rights and asked why he did not stop for McGarry. Younis reportedly said it was his father's truck and he didn't want to have it towed, so he drove home.

According to Crayton's report, Younis said he was driving north on State Road 48 when the other truck overtook him. He then overtook the other truck and as he was passing the men in the other truck were smiling and laughing at him. This "pissed" him off, so he pulled over and let them pass him again. As they were going down Angus Hill, Younis said the driver of the other truck pulled the emergency brake and he rear-ended the other truck. Younis said he then drove to the right of the other truck and struck them with his left side. Younis said he did this deliberately because "they enticed him."

During an inventory of the truck Crayton found a baggie with "1g" written on it and a green leafy substance inside. Crayton said it appeared to be Spice and it appeared to be packaged for human consumption and not for use as an air freshener.

Proctor ordered Younis bound over to District Court on the charges.

Javier A. Cervantes, 22, appeared with Mitchell May 29 and waived a preliminary hearing on a charge of distribution of marijuana, first offense.

Ruidoso Police officer Roger Hatcher filed the charges, alleging that Cervantes parked his pickup in the driveway at 110 Hemlock Drive May 18 while officers were executing a search warrant at 300 Grove, which shares a driveway with 110 Hemlock.

Cervantes reportedly told officers he was the older brother of the man that lived at 300 Grove and that he stayed there the previous night. Cervantes said he lives in Alamogordo.

Bureau of Indian Affairs Police Officer Marlin Autaubo and his K-9 "Ivo" arrived and Ivo alerted on the door of Cervantes pickup, indicating the presence of drugs.

A search warrant was obtained and the officers reported finding a set of digital scales, an open package of zip-lock bags, a cell phone, a digital camera and approximately 2.54 ounces of marijuana in the truck.

Proctor ordered Cervantes bound over to District Court on the charge.

Donna Baker, 60, appeared with Mitchell May 29 and waived a preliminary hearing on a charge of disposing of a dangerous drug.

Raines filed the charge alleging that between July 9, 2012 and Aug. 31, 2012, Baker disposed of cyclobenzaprine hydrochloride.

Proctor ordered Baker bound over to District Court on the charge.

Heather McDougal, 25, appeared with Public Defender Mario Torres May 29 and waived a preliminary hearing on charges of trafficking in hydrocodone, first offense, and conspiracy to distribute marijuana.

Raines filed the charge, alleging that McDougal was in possession of hydrocodone on May 18 and that she conspired to traffic the hydrocodone and that she possessed marijuana with intent to distribute.

Proctor ordered McDougal bound over to District Court on the charges.

John Morales, 48, of Carrizozo, appeared May 29 for a preliminary hearing on charges of assault upon a police officer, battery upon a peace officer, resisting, evading or obstructing an officer and disarming a peace officer.

Carrizozo Patrol Officer Michael Yaw filed the charges alleging that he and Lincoln County Deputy Sheriffs Raines and Pat Montes went to the 12100 block of U.S. Highway 54 at 10:44 a.m. March 13 to serve an arrest warrant on Morales.

Yaw reported that when the officers arrived, they spotted Morales about 100 yards south of the house. When Raines opened the gate for Yaw to enter the property on foot, Morales began to walk then run toward the house. Montes drove onto the property in an attempt to prevent Morales from entering the house. Yaw reports Morales yelled obscenities at Montes when Montes ordered Morales to stop.

When Yaw got to the entrance of the house, on the west side, he found Morales standing on the top step of the porch yelling for the officers to get off the property. Morales then began banging on the door and yelling for his mother.

Yaw approached Morales and informed him there was an arrest warrant for Morales and grabbed Morales' left arm in an attempt to take him into custody. Morales pulled away and pushed Yaw in the chest with both hands. Yaw pushed Morales back, hitting him in the face and knocking him backwards. Morales then reportedly hit and kicked Yaw several times in the leg, arms and groin area. Yaw pushed Morales back again and tried to grab him, but Morales stepped behind his mother, who was standing by the open door of the home.

Yaw deployed his Taser, hitting Morales in the chest with both prongs. Morales stepped back into the home grimacing and bent over. Morales then pulled both Taser prongs from his chest and kicked and hit Yaw several more times as Yaw attempted to subdue him.

While Yaw was attempting to strike Morales with his Taser to "drive stun" him, Morales grabbed the Taser and pulled the extra cartridge from it. Morales then reportedly stepped inside the house, closed the door and locked it.

Carrizozo Police Chief Stephen Barnett, Patrol Officer Steven Briseno and several Lincoln County Deputy Sheriffs arrived and talked Morales into coming out of the house and surrendering.

Yaw reported having minor pain in the back of his left leg after the incident.

Lincoln County Magistrate Court Judge Lorena LaMay issued a warrant for Morales' arrest March 13 for a probation violation for failing to provide proof of community service and failing to provide proof of mental health exam. LaMay had sentenced Morales to probation in October 2012 when Morales pleaded no contest to charges of DWI, third offense, possession of drug paraphernalia and consumption of alcoholic beverages in a motor vehicle upon a road, according to court records.

LaMay arraigned Morales on the probation violation March 20 and set a hearing date for April 24.

Court records also show that Magistrate Court Judge Martha Proctor arraigned Morales on charges of larceny of $250 or less and criminal damage to property on March 15.

Proctor ordered Morales bound over to District Court on the charges.

Robert Beaulieu, 23, of Ruidoso, appeared May 30 with Mitchell and waived a preliminary hearing on charges of unlawfully taking a motor vehicle or receiving or transferring a stolen motor vehicle.

Raines filed the charge April 16 alleging that Beaulieu took a Suzuki King Quad four-wheeler April 15.

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